Fox News legal analyst Gregg Jarrett on Monday said President Donald Trump’s decision to halt the entry of foreign students destined for Harvard University would ultimately hold up in court.
The Department of Homeland Security terminated Harvard University’s Student and Exchange Visitor Program (SEVP) certification on May 22, citing the Ivy League school’s failure to address antisemitism and its failure to provide accurate data on funds from foreign sources, prompting a lawsuit from Harvard. Jarrett said a district judge might initially block the revocation, but it wouldn’t hold up on appeal.
“This goes back to the power of the executive and what they’re really asking is to vet these students. Can a judge rule against this?” “Fox and Friends” co-host Lawrence Jones asked Jarrett, who responded, “Well, I think this judge will, not necessarily based on the law, Lawrence. You know, the government, not universities, control immigration and Congress delegated that power to the president, specifically under the immigration act.”
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“He can suspend entry of foreign students if it is ‘detrimental to the interest of the U.S.’ So, at Harvard, their own report, their own study, incriminates them. It describes in clear detail the detriment, virulent anti-Semitism, targeting Jewish students and allegedly foreign students were involved,” Jarrett continued. “So, the administration logically shut down that program on the basis of safety and national security. But, you know, as I say, this judge, an Obama appointee, who consistently rules against the Trump Administration, intends to ignore all of that and issue an injunction.”
Since the Oct. 7, 2023 attack by the radical Islamic terrorist group Hamas that killed over 1,200 people in Israel, pro-Hamas protesters have occupied buildings, chanted a slogan that has connotations of wiping out Israel and blocked Jewish students from parts of campus at multiple universities, including Harvard. Jarrett said, though, that the district court ruling would likely be overturned on appeal.
“I do think, though, in the end, if the case goes to the Supreme Court, they’ll side with the president,” Jarrett told Jones. “Why? They did so seven years ago in a very similar case upholding his authority, Lawrence.”
“Harvard could have avoided all of this if it simply turned over the data to DHS that was requested, but they refused and decided to sue, so, here we are,” Jarrett added later.
A federal judge initially blocked the order May 29 by granting a preliminary injunction to the University. The same judge also extended the injunction to include an executive order signed by the Trump Administration on June 4.
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